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No strings attached? : PMSCs in EU CSDP missions and operations
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Florence : European University Institute, 2021
EUI; LAW; LLM Thesis
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RUPP, Vendela Sofia Kristine, No strings attached? : PMSCs in EU CSDP missions and operations, Florence : European University Institute, 2021, EUI, LAW, LLM Thesis - https://hdl.handle.net/1814/93721
Abstract
This thesis examines whether the EU’s external human rights commitment is compatible with the use of Private Military and Security Companies (PMSCs) in missions conducted under the EU’s Common Security and Defence Policy (CSDP). This is done by assessing whether the CSDP framework applies to PMSC, ascertaining existing human rights obligations for both the EU and PMSCs, and determining whether such obligations are adhered to when PMSCs are used in CSDP missions. One of the aims of the EU’s human rights policy is the commitment to promote and protect such rights ‘worldwide’. Despite the many issues associated with the use of PMSCs – human rights violations, poor transparency, low accountability, weak enforcement of weaker regulations – private contractors are frequently used in EU missions abroad to bridge capability and personnel gaps of contributing member states. Attempts to strengthen regulations concerning PMSCs are challenged by political unwillingness of member states to risk their own industries. There are similarities between the organisational structure of CSDP missions and PMSCs, such as the role of Command and Control. There are also shared weaknesses, such as lacking oversight and evaluation and weak claims mechanisms. Upon examining the CSDP framework, PMSCs are seemingly omitted from the Status Agreements that oversee participating actors. PMSCs are also excluded from the chain of command which is responsible for monitoring the execution of the mission mandate and to investigate claims of misconduct. To better align the use of PMSCs in CSDP missions with the EU’s external human rights commitment, regulatory efforts with regard to the selection procedure and their participation must be strengthened. Incorporating PMSCs into the CSDP framework and the missions’ command structure would result in better oversight of their conduct. This would help to both prevent human rights violations and to provide redress should violations occur.
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Award date: 01 October 2021
Supervisor: Prof. Deirdre Curtin (European University Institute)
Supervisor: Prof. Deirdre Curtin (European University Institute)